Bill Text: DE HB367 | 2023-2024 | 152nd General Assembly | Draft

Delaware House Bill 367 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 14 Of The Delaware Code Relating To The Provider Advisory Board And The Extended Learning Opportunities Subcommittee.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-11-01 - Signed by Governor [HB367 Detail]

Download: Delaware-2023-HB367-Draft.html

SPONSOR:	Rep. Dorsey Walker & Sen. Hoffner
Reps. Collins, K. Johnson, Parker Selby, Spiegelman; Sens. Gay, Huxtable, Pettyjohn, Richardson

HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 367

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD AND THE EXTENDED LEARNING OPPORTUNITIES SUBCOMMITTEE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1703A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1703A. Extended Learning Opportunities Subcommittee.

(12) A representative of the Provider Advisory Board, appointed by the the Chair of the Provider Advisory Board. A licensed provider that services children who are not yet kindergarten age or school age, appointed by the Governor.

Section 2. Amend § 3006A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3006A. Provider Advisory Board; appointments; composition; terms; vacancies [Effective until July 1, 2024]. [Repealed.]

(a) There is hereby established within the Office of Child Care Licensing, a Provider Advisory Board.

(b) The Board shall consist of 7 members, who are residents of this State and are appointed by the Governor. The following shall be members of the Board:

(1) One provider from a family child care home from each of New Castle County, Kent County and Sussex County.

(2) One director/owner of a private child care center from each of New Castle County, Kent County and Sussex County.

(3) One provider from a family child care home or 1 director/owner of a private child care center from the City of Wilmington.

(4) At least 1 of the members of the Board appointed pursuant to this subsection (b) shall be from a Boys and Girls Club or YMCA within this State. For purposes of this subsection, a child care center at a Boys and Girls Club or YMCA shall be considered a private child care center.

(c) The term of a Board member appointed by the Governor shall be 3 years and shall terminate upon the Governor’s appointment of a new member to the Board. A Board member shall continue to serve until a successor is appointed but a holdover under this provision does not affect the expiration date of a succeeding term.

(d) In case of a vacancy on the Board before the expiration of a Board member’s term, a successor shall be appointed by the Governor within 30 days of the vacancy for the remainder of the unexpired term.

(e) The Board shall elect 1 of its members as Chair to serve for a 1-year term and who shall be eligible for reelection.

(f) The Board shall meet at the call of the Chair but no fewer than 4 times a year.

§ 3006A. Provider Advisory Board; appointments; composition; terms; vacancies [Effective July 1, 2024]. [Repealed.]

(a) There is established within OCCL, a Provider Advisory Board (“Board”).

(b) (1) The Board shall consist of 7 members, who are residents of this State and are appointed by the Governor. The following are members of the Board:

a. One provider from a family child care home located in New Castle County, Kent County, and Sussex County.

b. One administrator or owner of a private child care center located in New Castle County, Kent County, and Sussex County.

c. One provider from a family or large family child care home or 1 administrator or owner of a private child care center located in the City of Wilmington.

(2) At least 1 of the members of the Board appointed under paragraph (b)(1) of this section must be from a Boys and Girls Club or YMCA child care facility within this State. For purposes of this subsection, a Boys and Girls Club or YMCA child care facility is a private child care facility.

(c) The term of a Board member appointed by the Governor is 3 years. A Board member shall continue to serve until a successor is duly appointed, but a holdover under this subsection does not affect the expiration date of a succeeding term.

(d) In case of a vacancy on the Board before the expiration of a Board member’s term, the Governor shall appoint a successor within 30 days of the vacancy for the remainder of the unexpired term.

(e) The Board shall elect 1 of the Board’s members as Chair to serve for a 1-year term. The member who is elected Chair is eligible for reelection.

(f) The Board shall meet at the call of the Chair but no fewer than 4 times a year.

Section 3. Amend § 3007A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3007A. Provider Advisory Board; powers and duties [Effective until July 1, 2024]. [Repealed.]

The Board has the following powers and duties:

(1) Advise and consult with OCCL regarding the development, adoption, promulgation, and any amendment to the rules, regulations, and policies that are required to carry out this chapter with respect to early care and education, family child care homes, and school-age centers.

(2) Encourage OCCL to communicate with persons licensed under this chapter and to facilitate such communication.

(3) Encourage OCCL to enforce this chapter in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations.

§ 3007A. Provider Advisory Board; powers and duties [Effective July 1, 2024]. [Repealed.]

The Board has the following powers and duties:

(1) Advise and consult with OCCL regarding the development, adoption, promulgation, and amendment of the rules, regulations, and policies required to carry out this chapter with respect to early care and education, family and large family child care homes, and school-age centers.

(2) Encourage OCCL to communicate with individuals and entities licensed under this chapter and to facilitate the communication.

(3) Encourage OCCL to enforce this chapter in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations.

SYNOPSIS

This Act sunsets the Provider Advisory Board (“Board”) and is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Board. The Board was created in 2011 at JLOSC's recommendation when it reviewed the Office of Child Care Licensing ("OCCL"). The original purpose of the Board was to advise the OCCL regarding the adoption, promulgation, and amendment of rules and regulations required to carry out the Delaware Child Care Act, focusing on early care and education, family child care homes, and school age centers. In 2019, the Board's purpose was expanded to encourage OCCL to communicate with providers and encourage OCCL to enforce the Delaware Child Care Act in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations.

In 2020, both the Board and the OCCL were moved from the Department of Service for Children, Youth and their Families to the Department of Education. The move has increased the frequency of communication between licensed child care providers and agency units, including the Office of Early Learning and the Delaware Early Childhood Council. JLOSC sponsored Senate Bill No. 135 of the 152nd General Assembly, which added the Board's duties to those of the Delaware Early Childhood Council. Before and since SB 135 was enacted, the OCCL has adopted, promulgated, or amended regulations in the absence of the Board's advice. The OCCL is meeting the needs the Board was intended to address, without the Board's assistance.

For these reasons, JLOSC concluded that the Board is not fulfilling its statutory duties or meeting a state need, and that the Board should be sunsetted. This Act therefore sunsets the Provider Advisory Board.

Because the Extended Learning Opportunities Subcommittee included a member from the Board, this Act also replaces that member with a licensed provider that serves children not yet kindergarten age. Otherwise, sunsetting the Board would have the unintended consequence of making the subcommittee a member short. Separate legislation fulfills JLOSC's recommendation that a third center-based early care and education provider be added to the Delaware Early Childhood Council.